EPA faults Oregon pesticide firm in Florence woman's death

Courtesy of Fred KolbeckFlorence Kolbeck, shown in this 50th wedding anniversary photo with her husband, Fred, died in 2005 after entering her Florence home, which had been fumigated hours earlier.

The U.S. Environmental Protection Agency filed a complaint today against a Eugene pesticide company whose spraying led to the death of a Florence woman in 2005.

The EPA said federal law allows it to seek only $4,550 in penalties against Swanson's Pest Management, even though the alleged violations are "extremely serious."

Swanson's employee at the home of Fred and Florence Kolbeck failed to properly ventilate the home and used two pesticides illegally in June 2005, the agency said, including applying Conquer residential insecticide concentrate at nearly three times the allowable rate.

Florence Kolbeck, 76, died of cardiac arrest after she and her husband returned to their home about 2 1/2 hours after it was fumigated. Fred Kolbeck was hospitalized for respiratory distress. Six others, including the responding paramedics, experienced respiratory distress or became ill when they entered the home, the EPA said.

Fred Kolbeck settled a $2.5 million lawsuit against Swanson's in March for an undisclosed amount.

Swanson's has 30 days to respond to the complaint. Joan Jensen, Swanson's operations manager, said that the EPA's allegations are not accurate. She declined to elaborate, saying negotiations with the agency are ongoing.

Chad Schulze, EPA's pesticide enforcement officer in Seattle, said increasing the potential fines allowed under federal pesticide laws would require an act of Congress. The EPA could request the change, Schulze said, but it would be more likely to happen quickly if a member of Congress took up the issue.